Just compensation; appointment of commission; powers, proceedings; court action

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  • (a) If the court is satisfied that the public interests require the taking of the property, it shall make an order appointing a commission of three competent persons resident in the Virgin Islands to determine the issue of just compensation, and fixing their compensation, if—

    • (1) any party files a demand for trial by commission within the time allowed for answer or within such further time as the court may fix; or

    • (2) the court determines in its discretion that, because of the character, location, or quantity of the property to be condemned, or for other reasons in the interest of justice, the issue of just compensation should be determined by a commission.

  • (b) If a commission is not appointed under subsection (a) of this section, the issue of just compensation shall be tried by the court.

  • (c) Before entering upon their duties, the commissioners shall severally take and subscribe an oath to discharge their duties faithfully and impartially.

  • (d) The commission shall have the powers of a master provided in subdivision (c) of Rule 53 of the Federal Rules of Civil Procedure and proceedings before it shall be governed by the provisions of paragraphs (1) and (2) of subdivision (d) of such Rule 53. Its action and report shall be determined by a majority and its findings and report shall have the effect, and be dealt with by the court in accordance with the practice, prescribed in paragraph (2) of subdivision (e) of Rule 53.


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